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PLEASE READ THESE TERMS AND CONDITIONS (“Terms”) CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS AS WELL AS A SECTION GOVERNING THE JURISDICTION AND VENUE OF DISPUTES. THESE TERMS ALSO CONTAIN A LEGALLY BINDING RELEASE, WAIVER OF LIABILITY, AND ASSUMPTION OF RISK. By creating a username, a login, clicking submit, using the services of Charter Experts, LLC d/b/a Virgin Island Sailing® (“Broker) or by accessing Broker’s website, you agree that you have read, and acknowledge your acceptance of these Terms. The Terms are subject to change at any time without notice at Broker’s sole discretion. Additionally, any transaction for which you have made payment shall be governed by the form of Terms in effect at the time of such payment notwithstanding any subsequent changes hereto.
If you are obtaining a quote, information, booking travel for and/or securing or procuring a Charter (as that term is defined in Section 1 below) for more than just yourself, all references below to “Charterer” or “you” (and derivations thereof) shall be read to mean you on behalf of yourself and each individual within your group for whom you are obtaining a quote, information, booking travel for and/or securing or procuring Charter.
These Terms shall be read together and construed, to the fullest extent possible, to be in concert with any other agreement by or among Broker and Charterer. To the extent they cannot be so construed, then in the event of any direct conflict between these Terms and any other agreement by or among Broker and Charterer (including but not limited to the agreement executed by Charterer for a Charter Reservation (as that term is defined in Section 1 below), these Terms shall prevail.
Broker retains the Broker Fee as compensation in arranging your Charter Reservation. The Broker Fee varies based on the amount and type of Charter and/or services provided by Broker. By making a Charter Reservation, you accept and agree to the relevant cancellation and no-show policy of the Charter Provider set forth in the Charter Agreement. Cancellation and no-show policies vary for each Charter. Carefully read the Charter Agreement and additional information provided to you by Broker. It is expressly agreed by Charterer that the Broker Fee is earned at the time the Charter Reservation is made. Late payment, wrong credit card or debit card details, invalid credit or debit cards, or insufficient funds are for your own risk and account, and you will not be entitled to any refund of any prepaid amount unless the Charter Provider expressly agrees otherwise under the Charter Agreement or in some other signed writing.
Broker expressly reserves the right to cancel your Charter Reservation if full payment is not timely received as set forth in the Charter Agreement.
You understand Broker is not the source or supplier of the Charter or other travel services you requested and acts solely as a broker for the Charter Provider and the Charter Suppliers. You agree that the Charter Provider and Charter Suppliers whose names appear in the information supplied to you are those who are solely responsible for providing the Charter you purchase. You consent to and request the use of the Charter Provider and the Charter Suppliers and agree to not hold Broker responsible should any of them: (i) fail to provide the Charter or travel services you purchased, whether or not such services are listed in the Charter Agreement or otherwise, (ii) fail to comply with any applicable law, or (iii) engage in any negligent act or omission that causes you any sort of injury, damage, delay or inconvenience.
By using Broker’s services, you waive and release any claim against Broker, its affiliated and subsidiary companies, and their respective officers, directors, employees, contractors, and agents, arising out of or in connection with any loss of or damage to property or injury to any person caused by reason of (i) any defect, negligence, or other wrongful act or omission, or any failure of performance of any kind, by any Charter Provider, Charter Suppliers, or any other provider of sea, airline, hotel, ground transportation or any other travel provider connected to or otherwise associated with the Charter, (ii) any claim for inconvenience, loss of enjoyment, mental distress or other similar claim, (iii) any delayed departure, missed connection, substitute accommodation, termination of service or change in fares or rates, and (iv) overbooking, flight or other travel cancellation, lost or misconnected personal property, or any claim arising out of the air transportation portion of your travel, and (v) or any other claim arising out of or otherwise related to the Charter Agreement or services provided by the Charter Provider and the Charter Suppliers.
Excepting only liability that directly arises from the gross negligence or willful misconduct of Broker, you will not hold Broker responsible for any injury, damage or loss you may suffer while on a Charter, whether incurred on the Charter or in connection with any other rental, purchase, excursion or activity, regardless of the relationship of any of the foregoing with the Charter Provider or the Charter Suppliers.
You will review your Charter Agreement and travel documents for accuracy upon receipt. You understand that it is your responsibility to review the accuracy of all details in the Charter Reservation provided to you, and that you may contact Broker if you have any questions.
You assume full and complete responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of your destination(s), and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination(s).
You understand that Broker recommends purchasing travel insurance to cover certain risks inherent in travel such as supplier bankruptcy and the inability to travel due to a medical or personal emergency.
Broker has no special knowledge regarding the Charter Provider’s or Charter Supplier’s financial condition, unsafe conditions, health hazards, weather hazards, or climate extremes at locations to which you may travel during or otherwise in connection with your Charter.
If, despite the limitation above, Broker or the Broker and Charter Releasees are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then Broker, Charter Provider, Charter Supplier and the Broker and Charter Releasees will in no event exceed, in the aggregate, the greater of (a) the Broker Fee, and (b) One-Hundred Dollars (US $100.00).
The foregoing limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Broker and/or its providers.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.